Deyoung v. Bierfeld

533 So. 2d 933, 13 Fla. L. Weekly 2579, 1988 Fla. App. LEXIS 5140, 1988 WL 123802
District Court of Appeal of Florida·Decided November 22, 1988·No. Nos. 87-1600, 87-2080·Published·Cited by 1 cases

Opinion

PER CURIAM.

We reverse the summary final judgment in favor of the defendants in a medical malpractice action as barred by limitations [934] because claimant’s former attorney’s affidavit created disputed questions of fact which should have been resolved in an evi-dentiary hearing as to whether claimant unreasonably failed to comply with formal discovery as required by sections 768.-57(3)(a) and 768.57(6), Florida Statutes (1985). See Pinellas Emergency Mental Health Serv., Inc. v. Richardson, 532 So. 2d 60 (Fla. 2d DCA 1988).

Reversed.

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Deyoung v. Bierfeld, 533 So. 2d 933, 13 Fla. L. Weekly 2579, 1988 Fla. App. LEXIS 5140, 1988 WL 123802 (Fla. Ct. App. 1988).

533 So. 2d 933 (Deyoung v. Bierfeld) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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